Crimes Against Persons/Death Investigations Version 5.9

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CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

Basic Course Workbook Series Student Materials Learning Domain 7 Crimes Against Persons/Death Investigations Version 5.9

THE MISSION OF THE CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING IS TO CONTINUALLY ENHANCE THE PROFESSIONALISM OF CALIFORNIA LAW ENFORCEMENT IN SERVING ITS COMMUNITIES

Basic Course Workbook Series Student Materials Learning Domain 7 Crimes Against Persons/Death Investigations Version 5.9

Published 1998 Revised June 2001 Corrected October 2005 Revised January 2006 Revised July 2007 Correction November 2015 Correction April 2019

This publication may not be reproduced, in whole or in part, in any form or by any means electronic or mechanical or by any information storage and retrieval system now known or hereafter invented, without prior written permission of the California Commission on Peace Officer Standards and Training, with the following exception:

California law enforcement or dispatch agencies in the POST program, POST-certified training presenters, and presenters and students of the California basic course instructional system are allowed to copy this publication for non-commercial use.

All other individuals, private businesses and corporations, public and private agencies and colleges, professional associations, and non-POST law enforcement agencies in state or out-of- state may purchase copies of this publication, at cost, from POST as listed below:

From POST’s Web Site: www.post.ca.gov Go to Ordering Student Workbooks

COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING COMMISSIONERS

Joyce Dudley – Chair District Attorney Santa Barbara County

Rick Braziel – Vice Chair Educator Humboldt State University

Alan Barcelona Special Agent California Department of Justice

Lai Lai Bui Sergeant Sacramento Police Department

Thomas Chaplin Chief Walnut Creek Police Department

Barry Donelan Sergeant Oakland Police Department

Robert Doyle Sheriff Marin County

Geoff Long Public Member

John McMahon Sheriff San Bernardino County

Jethroe Moore, II Public Member

James O’Rourke Officer California Highway Patrol

Batine Ramirez Sergeant Placer County Sheriff’s Department

Laurie Smith Sheriff Santa Clara County

Walter Vasquez Chief La Mesa Police Department

Kevin Gardner Chief Representing Xavier Beccera Director of Division of Law Enforcement Attorney General Ex-Officio Member

THE ACADEMY TRAINING MISSION

The primary mission of basic training is to prepare students mentally, morally, and physically to advance into a field training program, assume the responsibilities, and execute the duties of a peace officer in society.

FOREWORD

The California Commission on Peace Officer Standards and Training sincerely appreciates the efforts of the many curriculum consultants, academy instructors, directors and coordinators who contributed to the development of this workbook. We must also thank the California law enforcement agency executives who allowed their personnel to participate in the development of these training materials.

This student workbook is part of the POST Basic Course Training System. The workbook component of this system provides a self-study document for every learning domain in the Basic Course. Each workbook is intended to be a supplement to, not a substitute for, classroom instruction. The objective of the system is to improve academy student learning and information retention and ultimately contribute to you becoming a peace officer committed to safety, and to the communities you will serve.

The content of each workbook is organized into sequenced learning modules to meet requirements as prescribed both by California law and the POST Training and Testing Specifications for the Basic Course.

It is our hope that the collective wisdom and experience of all who contributed to this workbook will help you, the student, to successfully complete the Basic Course and to enjoy a safe and rewarding career as a peace officer.

MANUEL ALVAREZ, Jr. Executive Director

LD 7: Crimes Against Persons/Death Investigations Table of Contents

Topic See Page Preface iii

Introduction iii How to Use the Student Workbook iv Chapter 1: Identifying and Classifying Crimes Related 1-1 to Injury

Overview 1-1 Crimes Against Persons 1-3 Report Writing Tip 1-4 Battery 1-6 Assault with a Deadly Weapon or by Means of Force 1-10 Elder or Dependent Adult Abuse 1-13 Chapter Synopsis 1-17 Workbook Learning Activities 1-18 Chapter 2: Identifying and Classifying Crimes Related 2-1 to Kidnapping

Overview 2-1 Kidnapping 2-3 False Imprisonment 2-6 Child Abduction without Custodial Right 2-8 Child Abduction with Custodial Right 2-11 Chapter Synopsis 2-13 Workbook Learning Activities 2-14

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LD 7: Crimes Against Persons/Death Investigations i

Table of Contents, Continued

Topic See Page Chapter 3: Identifying and Classifying Crimes 3-1 Related to Robbery

Overview 3-1 Robbery 3-2 Carjacking 3-6 Chapter Synopsis 3-8 Workbook Learning Activities 3-9 Chapter 4: Identifying and Classifying Crimes 4-1 Related to Homicide

Overview 4-1 Murder 4-2 Manslaughter 4-5 Chapter Synopsis 4-9 Workbook Learning Activities 4-10 Chapter 5: Death Investigations 5-1

Overview 5-1 Death Investigations 5-3 Homicide Investigations 5-16 Suicide Investigations 5-19 Deaths Involving Poison 5-23 Deaths Involving Children 5-24 Chapter Synopsis 5-36 Workbook Learning Activities 5-37 Glossary G-1

ii LD 7: Crimes Against Persons/Death Investigations

How to Use the Student Workbook

Introduction This workbook provides an introduction to the training requirements for this Learning Domain. It is intended to be used in several ways: for initial learning prior to classroom attendance, for test preparation, and for remedial training.

Workbook To use the workbook most effectively, follow the steps listed below. format Step Action 1 Read the first two sections: Preface and How to Use the Workbook, which provide an overview of how the workbook fits into the POST Instructional System and how it should be used. 2 Refer to the overview section at the start of each chapter to review the learning objectives. 3 Read the text. 4 Refer to the Chapter Synopsis section at the end of each chapter to review the key points that support the chapter objectives. 5 Complete the Workbook Learning Activities at the end of each chapter. These activities reinforce the material taught in the chapter. 6 Refer to the Glossary section for a definition of important terms. The terms appear throughout the text and are bolded and underlined the first time they appear (e.g., term).

LD 19: Vehicle Operations iii

Preface Introduction

Student The student workbooks are part of the POST Basic Course Instructional workbooks System. This system is designed to provide students with a self-study document to be used in preparation for classroom training.

Regular Basic Completion of the Regular Basic Course is required, prior to exercising peace Course officer powers, as recognized in the California Penal Code and where the training POST-required standard is the POST Regular Basic Course. requirement

Student The following elements are included in each workbook: workbook elements • chapter contents, including a synopsis of key points • supplementary material • a glossary of terms used in this workbook

iv LD 7: Crimes Against Persons/Death Investigations

Chapter 1

Identifying and Classifying Crimes Related to Injury Overview

Learning need Arrest and successful prosecution depends on the development of probable cause. Peace officers need to know the elements required to arrest for crimes related to injury, and to correctly categorize these crimes as misdemeanors or felonies.

Learning The chart below identifies the student learning objectives for this chapter. objectives After completing study of this chapter, the student will Objective ID be able to: • recognize the crime elements required to arrest for: - battery 7.01.2 - assault with a deadly weapon or by means of force 7.01.3 - elder or dependent adult abuse 7.01.6 • recognize the crime classification as a misdemeanor or 7.01.7 felony

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LD 7: Chapter 1 – Identifying and Classifying Crimes Related to Injury 1-1

Overview, Continue

In this chapter This chapter focuses on recalling, classifying, and categorizing crimes related to injury. Refer to the following chart for specific topics.

Topic See Page Crimes Against Persons 1-3 Report Writing Tip 1-4 Battery 1-6 Assault with a Deadly Weapon or by Means of Force 1-10 Elder or Dependent Adult Abuse 1-13 Chapter Synopsis 1-17 Workbook Learning Activities 1-18

1-2 LD 7: Chapter 1 – Identifying and Classifying Crimes Related to Injury

Crimes Against Persons

Introduction The effective investigation of crimes against persons involves apprehending criminals, assisting crime victims, and protecting the community. To be an effectual peace officer, the student must understand how each of these components interconnect.

Leadership A peace officer who responds to a call of a crime against a person has to wear many hats. Emergency care for victims, protection of community members against further harm, apprehension of the perpetrator, and preserving the integrity of the scene are all part of the job.

Ethics A peace officer responding to a call where a person has been seriously injured at the hands of another may experience many difficult emotions including revulsion, anger, and the desire for revenge. Peace officers and community members share these reactions, which cannot easily be brushed away. It is the peace officer’s job to keep a clear head, bring the situation back to normal as quickly as possible, and avoid the temptation of dispensing street justice or engaging in retaliation.

Policing A peace officer must be able to explain how these crimes impact a in the community’s perception of crime, fear, and law enforcement. community

LD 7: Chapter 1 – Identifying and Classifying Crimes Related to Injury 1-3

Report Writing Tip

Battery: Ask questions that will bring the observations or thoughts of others into a intent-action- clear picture of what happened. Organize your report in such a way that the result nexus between intent, action, and result makes sense to your audience.

1. Intent (why the willful and unlawful happened): Give accurate and factual details of who said what (victim and suspect quotes). Describe the context or relationship (argument, retribution, heated discussion, debate, etc.)

Victim Miller told me that he and the suspect were involved in a minor traffic collision in the intersection of Main Street and Parker Boulevard. Miller said he and the suspect were “arguing over who was at fault.”

2. Action (how the unlawful force of violence happened): Accurately and thoroughly describe the unlawful use of force or violence upon the person of another (fist or foot - right or left, punched, kicked, etc.)

Miller told me the suspect was standing approximately four feet from him when the suspect, without warning “punched me in the face.” Miller recalled the suspect used his right fist while simultaneously shouting, “Learn how to drive!”

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1-4 LD 7: Chapter 1 – Identifying and Classifying Crimes Related to Injury

Report Writing Tip, Continued

Battery: 3. Result (what were the bodily injuries, wounds, complaints of pain): intent-action- Describe injuries using measurements (length, width, depth, diameter), result bleeding, colors, swelling. Include complaints of pain using “quotes,” (continued) especially if there are no visible injuries. Remember, photographs are worth a thousand words!

I saw an approximate two-inch in diameter dark reddish bruise on victim Miller’s left cheek. The bruise was swollen approximately one-half inch above the surrounding facial skin. I asked Miller if he needed any medical attention and he said, “No, I’ll see my own doctor later.” I took a photograph of victim Miller’s injury.

The link In any investigative report, ask questions that will bring observations or thoughts into a clear picture of what happened. Your audience will be using your words to visualize the incident in their own minds. The correlation of intent, action, and result are very important.

LD 7: Chapter 1 – Identifying and Classifying Crimes Related to Injury 1-5

Battery

Definitions A battery is any willful and unlawful use of force or violence upon the person of another.

Battery causing/inflicting serious bodily injury means a serious impairment or physical condition, including, but not limited to:

• concussion • loss of consciousness • bone fracture • protracted loss or impairment of any member or organ • extensive suturing • serious disfigurement

Penal Battery is covered under Penal Code Section 242. code section Battery causing/inflicting serious bodily injury is covered under Penal Code Section 243(d).

Crime To arrest a subject for the crime of battery, the necessary crime elements elements must include:

• willful and unlawful • use of force or violence • on the person of another

NOTE: Every battery contains the lesser crime of assault.

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Battery, Continued

Crime elements NOTE: The crime of battery requires actual physical contact with the (continued) victim or with items closely associated with the victim’s person (i.e., clothing, canes, and other walking devices).

NOTE: Battery as it relates to domestic violence is covered in Penal Code Section 243(e)(1) and is referenced in LD 25: Domestic Violence.

Related To understand the crime of battery, peace officers need to become familiar terms with the following terms:

Willful implies a purpose or willingness to commit the act.

Unlawful means without legal excuse or justification such as self-defense.

Use of force or violence in the context of battery means any force or violence. The degree of force is not a consideration in the crime, and battery doesn’t require an injury.

Classification Battery is a misdemeanor. (Penal Code Section 242)

Battery upon a specified person is a misdemeanor. (Penal Code Section 243(b))

Battery upon a specified person with treatable injury is a felony. (Penal Code Section 243(c)(1))

Battery causing/inflicting serious bodily injury is a felony. (Penal Code Section 243(d))

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Battery, Continued

Battery A battery upon a peace officer can only occur when the officer is engaged in on a the lawful performance of his/her duties. The person committing the offense peace must know or reasonably know that the victim is a peace officer. (Penal officer Code Section 243(b))

NOTE: This offense cannot occur in the course of an illegal arrest or an arrest involving the use of excessive force because then the officer is not engaged in a lawful activity.

Battery A battery on a sports official can occur when a person is engaged in the on a lawful performance of his/her duties. The person committing the offense sports must know or reasonably know that the victim is a sports official. (Penal official Code Section 243.8)

Battery If a person commits an assault or battery on school property (K-12, on school community college, adult school, evening high school) during hours when property school activities are being conducted, peace officers may, without a warrant, arrest the person who commits the assault or battery. (Penal Code Section 243.5)

NOTE: This is an exception to the general rule requiring that the misdemeanor was committed in the officer’s presence.

Examples Two men argued over the final results of the football game. The first man didn’t think his friend knew what he was talking about and spit at him; the spittle landed on his friend’s shirt. The first man has committed the crime of battery because he made contact even though he caused no harm.

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Battery, Continued

Examples A woman walked into the local bar and saw her (continued) boyfriend with another woman. She went to the table and hit him on the head. He fell off his barstool, struck his head on the floor and was knocked unconscious. She has committed the crime of a battery causing/inflicting serious bodily injury.

LD 7: Chapter 1 – Identifying and Classifying Crimes Related to Injury 1-9

Assault with a Deadly Weapon or by Means of Force

Definition An assault with a deadly weapon or by means of force is an attempt upon the person of another with a deadly weapon or instrument or by any means of force likely to produce great bodily injury.

Penal Assault with a deadly weapon or by means of force is covered under Penal code Code Section 245. section

Crime To arrest a subject for the crime of assault with a deadly weapon or by means elements of force, the necessary crime elements must include:

• unlawful attempt, and • the present ability • to commit a violent injury • upon the person of another • by use of a deadly weapon • or force likely to produce great bodily injury

Classification Assault with a deadly weapon or by means of force is a felony.

Related To understand the crime of assault with a deadly weapon or by means of term force, peace officers need to become familiar with the following terms:

A deadly weapon can be any object capable of causing death or great bodily injury from the manner in which it is used.

Present ability means the present capability to accomplish the act of applying force.

Great bodily injury means a significant or substantial physical injury.

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Assault with a Deadly Weapon or by Means of Force, Continued

Physical Any physical force is sufficient if it is capable of producing great bodily force injury. It is not necessary that an actual injury result from the assault. However, if an injury does occur, additional punishments may apply.

Examples of physical force with a deadly weapon or causing great bodily injury include:

• throwing a hard object (e.g., a rock, full beer can, etc.) • kicking or beating someone severely • throwing someone against or off something

Examples Two men were arguing during a baseball game. One man picked up a baseball bat and swung at the other man. The second man ducked to avoid being hit on the head. The first man committed the crime of assault with a deadly weapon because he attempted to cause harm by using the bat as a weapon.

During a bar fight, a man stabbed another man in the arm with a knife. The first man has committed the crime of assault with a deadly weapon.

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Assault with a Deadly Weapon or by Means of Force, Continued

Examples A young man walking in a gang area is confronted by (continued) four other young men. The four shoved him to the ground and kicked him until he was unconscious. The four committed assault with force likely to produce great bodily injury.

Related The following chart lists additional penal code sections. statutes Circumstance of Crime Crime Penal Classification Code Section Assault with a firearm felony 245(a)(2) Assault with other than a firearm on a felony 245(c) peace officer Assault with a firearm upon a peace felony 245(d) officer or firefighter Assault with caustic chemicals felony 244 Assault with stun gun or taser misdemeanor or 244.5 felony

1-12 LD 7: Chapter 1 – Identifying and Classifying Crimes Related to Injury

Elder or Dependent Adult Abuse

Definition The crime of elder or dependent adult abuse refers to the infliction of unjustifiable physical pain or mental suffering upon an elder or dependent adult or theft or embezzlement from an elder or dependent adult.

Penal Elder or dependent adult abuse is covered by Penal Code Section 368. code section

Crime To arrest a subject for the crime of elder or dependent adult abuse, the elements necessary crime elements must include:

• any person who willfully causes or permits an elder or dependent adult to suffer or inflicts unjustifiable physical pain or mental suffering • willfully causes or permits the elder or dependent adult to be injured or endangered • violates any provision of law proscribing theft or embezzlement to the property of that elder or dependent adult

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Elder or Dependent Adult Abuse, Continued

Classification The following chart lists the Penal Code sections related to the crime of elder and dependent adult abuse and the related crime classifications.

Circumstance of Crime Crime Penal Classification Code Section Any person who knows or should know felony 368(b) that a person is an elder or dependent adult and who, under any circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to:

• suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or • having care and custody, permits the person or health to be injured, or • be placed in a situation such that the person or health is endangered. Any person who knows or reasonably misdemeanor 368(c) should know that a person is an elder or dependent adult and who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured or placed in a situation in which his or her person or health may be endangered, is guilty of a misdemeanor.

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Elder or Dependent Adult Abuse, Continued

Classification Circumstance of Crime Crime Penal (continued) Classification Code Section

Any person or caretaker who violates misdemeanor, or 368(d) any provisions of the law proscribing theft felony (Same as 368(e) or embezzlement with respect to the theft) property of the elder or dependent adult.

Any person who commits false felony 368(f) imprisonment of an elder or dependent adult by use of violence, menace, fraud, or deceit.

Related To understand the crime of elder or dependent adult abuse, peace officers terms need to become familiar with the following terms:

Elder means any person who is 65 years of age or older.

Caretaker means any person who has the care, custody, or control of, or who stands in a position of trust with, an elder or dependent adult.

Dependent adult means any person, between the ages of 18 and 64, who has physical or mental limitations which restrict his or her ability to carry out normal activities or to protect his or her rights. This includes, but is not limited to, persons who have physical or developmental disabilities or whose mental abilities have diminished because of age. This includes any patient between the ages of 18 and 64 who is admitted as an inpatient to a 24-hour health facility.

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LD 7: Chapter 1 – Identifying and Classifying Crimes Related to Injury 1-15

Elder or Dependent Adult Abuse, Continued

Examples A paraplegic adult required home care. The caretaker arrived every morning to dress the paraplegic and clean the apartment. The caretaker saw a wad of money in the dresser drawer. One day, after completing the daily tasks, he took the cash and left the apartment. The caretaker has committed the crime of dependent adult abuse because he stole the money. The amount of money will determine whether the crime is a felony or misdemeanor.

As a 67-year-old woman became more senile, she became more demanding. One day she demanded repeatedly to have her hair brushed. Her daughter brushed it again and again and became increasingly frustrated. Finally, the daughter got so frustrated, after the mother asked her to brush her hair again, that she hit her mother repeatedly with the brush. The daughter committed a crime of elder abuse because she caused her mother physical pain.

1-16 LD 7: Chapter 1 – Identifying and Classifying Crimes Related to Injury

Chapter Synopsis

Battery Willful and unlawful use of force or violence on the person of another is a [7.01.2, 7.01.7] misdemeanor; felony, when serious bodily injury, or battery and injury against certain classes of victims.

Assault with Unlawful attempt coupled with the present ability to commit a violent injury a deadly upon the person of another by use of a deadly weapon or force likely to weapon or produce great bodily harm is a felony. by means of force [7.01.3, 7.01.7]

Elder or Willfully causes or permits an elder or dependent adult to suffer unjustifiable dependent physical pain or mental suffering or to be placed in a condition or situation adult abuse likely to produce great bodily harm or death or violates any provision of law [7.01.6, 7.01.7] proscribing theft or embezzlement to the property of that elder or dependent is a felony abuse involving theft or embezzlement is misdemeanor, below $950, and a felony, over $950.

LD 7: Chapter 1 – Identifying and Classifying Crimes Related to Injury 1-17

Workbook Learning Activities

Introduction To help you review and apply the material covered in this chapter, a selection of learning activities has been included. No answers are provided. However, by referring to the appropriate text, you should be able to prepare a response.

Activity 1. After receiving complaints from nursing home residents, a peace officer questions discovered that an attendant had been frightening residents into turning over money. Two residents who didn’t comply were struck by the attendant. In one case this resulted in the patient’s arm being broken. What crimes have been committed? Which are felonies and which are misdemeanors?

2. What distinguishes misdemeanor battery from felony battery?

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1-18 LD 7: Chapter 1 – Identifying and Classifying Crimes Related to Injury

Workbook Learning Activities, Continued

Activity 3. Peace officers on patrol respond to a scene where two adult women are questions fighting on a front lawn. The women are slapping and punching each (continued) other. During the fight, one of the women accidentally knocked the other woman’s tooth out. For what, if any, other crimes should the women be arrested?

Ask your instructor to work with you in completing a crime report on this incident. To refresh your memory, turn to the Report Writing Tip at the beginning of this chapter.

• Identify Intent

• Identify Action

• Identify Result

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LD 7: Chapter 1 – Identifying and Classifying Crimes Related to Injury 1-19

Workbook Learning Activities, Continued

Activity 4. List ten objects, other than firearms or knives, and describe circumstances questions under which they could be considered deadly weapons. (continued)

1-20 LD 7: Chapter 1 – Identifying and Classifying Crimes Related to Injury

Chapter 2

Identifying and Classifying Crimes Related to Kidnapping Overview

Learning need Arrest and successful prosecution depend on the development of probable cause. Peace officers need to know the elements required to arrest for crimes related to kidnapping, and to correctly categorize these crimes as misdemeanors or felonies.

Learning The chart below identifies the student learning objectives for this chapter. objectives After completing study of this chapter, the student will Objective ID be able to: • recognize the crime elements required to arrest for: - kidnapping 7.02.1 - false imprisonment 7.02.2 - child abduction without custodial right 7.02.3 - child abduction with custodial right 7.02.4 • recognize the crime classification as a misdemeanor or 7.02.5 felony

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LD 7: Chapter 2 – Identifying and Classifying Crimes Related to Kidnapping 2-1

Overview, Continued

In this chapter This chapter focuses on recalling, classifying, and categorizing crimes related to kidnapping. Refer to the following chart for specific topics.

Topic See Page Kidnapping 2-3 False Imprisonment 2-6 Child Abduction without Custodial Right 2-8 Child Abduction with Custodial Right 2-11 Chapter Synopsis 2-13 Workbook Learning Activities 2-14

2-2 LD 7: Chapter 2 – Identifying and Classifying Crimes Related to Kidnapping

Kidnapping

Definition The crime of kidnapping occurs when a person forcibly, or by means of instilling fear, takes another person to another place.

Penal Kidnapping is covered under Penal Code Section 207(a). code section

Crime To arrest a subject for the crime of kidnapping, the crime elements must elements include:

• unlawful taking of a person • against his or her will • by force or fear • from one place to another.

NOTE: The movement involved in any taking does not refer to a specific distance; rather it refers to whether or not the victim was exposed to additional danger because of the movement.

Classification Kidnapping is a felony.

Amount The force used to effect the kidnapping does not need to be physical force. of force As long as the suspect gives orders which the victim feels compelled to obey, and the victim reasonably believes some kind of harm will occur if he or she doesn’t cooperate, the force used is sufficient to complete the crime of kidnapping.

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Kidnapping, Continued

Examples A hitchhiker was picked up by a passing driver. As he entered the car, the hitchhiker asked the driver to drop him off at a specific location. The driver agreed initially, but later drove past the specified location in spite of the hitchhiker’s protests. The driver took the hitchhiker to another location against the hitchhiker’s will, refused to stop, and refused to let him out of the car when he asked to leave. The driver has committed the crime of kidnapping because the hitchhiker’s consent was withdrawn when he wanted to get out, but the driver refused.

A man wanted to date a coworker. One day in the company parking lot, he saw her next to her car which had a flat tire. The man offered to give her a ride to the gas station. When she refused, he grabbed her, shoved her into the car, locked the doors, and drove until they entered another state. The man committed the crime of kidnapping, since he forced the woman against her will to go with him.

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2-4 LD 7: Chapter 2 – Identifying and Classifying Crimes Related to Kidnapping

Kidnapping, Continued

Related The following chart lists additional penal code sections related to the crime statutes of kidnapping.

Circumstance of Crime Crime Penal Classification Code Section Kidnapping a child under 14 felony 207(b) Kidnapping for ransom felony 209 Taking of hostages felony 210.5

LD 7: Chapter 2 – Identifying and Classifying Crimes Related to Kidnapping 2-5

False Imprisonment

Definition The crime of false imprisonment is the unlawful violation of the personal liberty of another.

Penal False imprisonment is covered under Penal Code Section 236. code section

Crime To arrest a subject for the crime of false imprisonment, the necessary crime elements elements must include:

• unlawful violation • of the personal liberty • of another.

Classification False imprisonment is a misdemeanor.

False imprisonment if accomplished by means of violence, menace, fraud, or deceit, is a felony.

Elements False imprisonment does not require that there be confinement in a jail, prison, or other building. It can be accomplished by:

• restraining • confining • detaining • compelling someone to stay or go somewhere without their consent

NOTE: Human Trafficking is covered under Penal Code Section 236.1.

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False Imprisonment, Continued

Examples During a break in courtroom proceedings, two attorneys entered an empty elevator. Without warning, the defense attorney pushed the emergency button and began to harass the prosecuting attorney about a suspected ethics violation. When the prosecutor demanded to get off the elevator, the defense attorney refused to reactivate it. This is false imprisonment because the defense attorney confined the other attorney in the elevator.

A man lured his ex-girlfriend into his car and then locked the doors to keep her from leaving. He would not unlock the doors until she promised to meet him for a date that weekend. This is false imprisonment because the man deceived the woman, and she couldn’t leave of her own free will.

Related There are situations when the law allows individuals to be detained against statute their will. (Penal Code Section 490.5) For example:

• A merchant has the authority to detain a person suspected of shoplifting, theft, or burglary.

• A theater owner has the authority to detain a person suspected of operating an unauthorized video device within the premises of a motion picture theater.

LD 7: Chapter 2 – Identifying and Classifying Crimes Related to Kidnapping 2-7

Child Abduction without Custodial Right

Definition The crime of child abduction without custodial right occurs when a person, not having a right of custody, restrains or withholds the child from the person having lawful custody.

Penal Child abduction without custodial right is covered under Penal Code code Section 278. section

Crime To arrest a subject for child abduction without custodial right, the necessary elements elements must include:

• every person • not having the right of custody, who • maliciously takes, entices away, keeps, withholds, or conceals • any minor child • with the intent to detain or conceal • from a person having lawful custody

Classification Child abduction without custodial right is a felony.

Related To understand child abduction crimes, peace officers need to become terms familiar with the following terms:

Child means a person under the age of 18 years.

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Child Abduction without Custodial Right, Continued

Related Court order or custody order means a permanent or temporary custody terms determination decree, judgment, or order issued by a court of competent (continued) jurisdiction. The decree, which can be initial or modified, must affect the custody or visitation of a child, and must have been issued in the context of a custody proceeding. Any order, once made, continues in effect until it expires, is modified, is rescinded, or terminates by operation of law.

Operation of law means that natural parents have equal rights to custody of their children, in the absence of a court order.

A right to custody means the right to the physical care, custody, and control of a child pursuant to a custody order or by operation of law.

Visitation means the time for access to the child allotted to any person by court order.

Lawful custodian means a person, guardian, or public agency having a right to custody of a child.

Custodial proceeding means a hearing in which a custody determination is an issue including, but not limited to, an action for dissolution or separation, dependency, guardianship, termination of parental rights, adoption, paternity, or protection from domestic violence proceedings including emergency protective order.

NOTE: Parents, in the absence of a court order, have equal rights of custody to their children.

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LD 7: Chapter 2 – Identifying and Classifying Crimes Related to Kidnapping 2-9

Child Abduction without Custodial Right, Continued

Good Penal Code Section 278.7 provides a Good Samaritan exception to the Samaritan prohibition against detainment or concealment of a child from legal exception custodians. Under this code, it will not be considered a crime to detain or conceal a child if the person doing so is acting under good cause.

Good cause is a good faith belief that the taking, detaining, concealing, or enticing away of the child is necessary to protect the child from immediate bodily injury or emotional harm.

Examples A boy lived with his father who had legal custody, but the boy still wanted to see his mother, the man’s ex-wife. The boy’s father decided to allow the boy to visit with his mother and took him to the mother’s apartment. When he came to pick the boy up, the mother refused to let the boy go home with his father. The mother committed the crime of child abduction without custodial right because she prevented the child from returning to his father, the custodial parent.

While playing in her yard, a girl’s noncustodial father drove by, stopped, and asked her to come with him to get an ice cream. When the girl said she needed to tell her mother, the custodial parent, he said that it wasn’t necessary because they would be right back. Instead, the father took the girl to live with his parents in another country. The father has committed the crime of child abduction without custodial right because he enticed the girl away from her mother without asking permission.

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2-10 LD 7: Chapter 2 – Identifying and Classifying Crimes Related to Kidnapping

Child Abduction without Custodial Right, Continued

Student notes

LD 7: Chapter 2 – Identifying and Classifying Crimes Related to Kidnapping 2-11

Child Abduction with Custodial Right

Definition Every person who takes, entices away, keeps, withholds, or conceals a child and maliciously deprives a lawful custodian of a right to custody, or a person of a right to visitation.

Penal Child abduction with custodial right is covered under Penal Code code Section 278.5. section

Crime To arrest a subject for child abduction with custodial right, the necessary elements crime elements must include:

• every person who entices away, keeps, withholds, or conceals • with intent to deprive • the other person of his or her right to custody or visitation

Classification Child abduction with custodial right is a felony.

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2-12 LD 7: Chapter 2 – Identifying and Classifying Crimes Related to Kidnapping

Child Abduction with Custodial Right, Continued

Examples Martinez and his wife, in the process of a divorce, obtained a temporary custodial decree. The decree granted them joint custody of their 6-month-old daughter. Martinez was to have the daughter on weekends. Martinez decided to go on an extended weekend trip with his daughter and did not tell his wife. When he did not arrive with their daughter at the normal time his wife frantically called him. He told his wife that she did not need to worry and indicated he would bring their daughter back in a few days. Martinez further stated to his wife that since she had never treated him right during their marriage, he felt that she deserved to know how it felt to be mistreated. Martinez has committed the crime of child abduction with custodial right.

Smith and her ex-husband have been divorced for years. Smith had never liked the terms of their divorce granting them joint physical custody on alternating weeks. Smith decided to take the children to Europe for three weeks. Smith’s ex-husband told her she couldn’t because the trip would interfere with his custodial rights. Smith told him that he should talk to her lawyer and took the children to Europe. Smith has committed the crime of child abduction with custodial right.

LD 7: Chapter 2 – Identifying and Classifying Crimes Related to Kidnapping 2-13

Chapter Synopsis

Kidnapping Unlawful taking of a person against his or her will, by force or fear, from one [7.02.1, place to another is a felony. 7.02.5]

False Unlawful violation of the personal liberty of another is a misdemeanor; imprisonment felony, if accomplished by violence, menace, fraud, or deceit. [7.02.2, 7.02.5]

Detainment or Every person not having the right of custody, who maliciously takes, entices, concealment of or conceals away any minor child with the intent to detain or conceal from a a child from person having lawful custody is a felony. legal custodian [7.02.3, 7.02.5]

Deprivation Every person who has the shared right of custody or visitation pursuant to a of custody court order who detains, conceals, takes, or entices away with intent to of a child deprive the other person of custody is a felony. [7.02.4, 7.02.5]

2-14 LD 7: Chapter 2 – Identifying and Classifying Crimes Related to Kidnapping

Workbook Learning Activities

Activity 1. Explain the differences between the crime of child abduction without questions custodial right and the crime of child abduction with custodial right.

2. A young mother, upset over a custody decree giving custody of her son to her ex-husband, picks her son up from school and flees with him. A month later peace officers locate the mother and child in a small town. What crime has the woman committed? How should peace officers proceed, if at all, if the woman claims she was only trying to protect her son from abuse by the father’s family?

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LD 7: Chapter 2 – Identifying and Classifying Crimes Related to Kidnapping 2-15

Workbook Learning Activities, Continued

Activity 3. Peace officers on patrol are approached by a distressed woman who tells questions them what has just happened. The woman relates that at the end of the (continued) date when she did not invite the man up to her apartment, instead of stopping, he sped away and drove around at high speeds, so she couldn’t get out for about one hour while he talked. In the end, he dropped her off several blocks from her home, apologized, and left the scene. What, if any, crimes has the man committed? Which are felonies and which are misdemeanors?

4. A divorced couple agrees that the father should visit his daughter every weekend, instead of every other weekend as specified in the court decree. They make this arrangement themselves, without notifying the court. Have any crimes been committed? From a peace officer’s perspective, how would the situation change if the mother wants to return to the every other week schedule, but the father continues to pick his child up from school every Friday against the mother’s wishes?

2-16 LD 7: Chapter 2 – Identifying and Classifying Crimes Related to Kidnapping

Workbook Corrections

Suggested corrections to this workbook can be made by going to the POST website at: www.post.ca.gov

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LD 7: Chapter 2 – Identifying and Classifying Crimes Related to Kidnapping 2-17

Workbook Corrections, Continued

Student notes

2-18 LD 7: Chapter 2 – Identifying and Classifying Crimes Related to Kidnapping

Chapter 3

Identifying and Classifying Crimes Related to Robbery Overview

Learning need Arrest and successful prosecution depend on the development of probable cause. Peace officers need to know the elements required to arrest for robbery and to correctly categorize these crimes as felonies.

Learning The chart below identifies the student learning objectives for this chapter. objectives After completing study of this chapter, the student will Objective ID be able to: • recognize the crime elements required to arrest for: - robbery 7.03.1 - carjacking 7.03.2 • recognize the crime classification as a felony 7.03.3

In this chapter This chapter focuses on recalling, classifying, and categorizing crimes related to robbery. Refer to the following chart for specific topics.

Topic See Page Robbery 3-2 Carjacking 3-6 Chapter Synopsis 3-8 Workbook Learning Activities 3-9

LD 7: Chapter 3 – Identifying and Classifying Crimes Related to Robbery 3-1

Robbery

Definition The crime of robbery is the felonious taking of personal property in the possession of another. This requires the taking of property from a person or from his or her immediate presence, and against the person’s will, by means of force or fear.

Penal Robbery is covered under Penal Code Section 211. code section

Crime To arrest a subject for robbery, the necessary crime elements must include: elements • taking of personal property of another • from the person or immediate presence • against the person’s will • accomplished by means of force or fear

Classification Robbery is a felony.

Related To understand the crime of robbery, peace officers need to become familiar terms with the following terms:

Immediate presence means an area within which the victim could reasonably be expected to exercise some physical control over his or her property.

Force means the overcoming of resistance by the exertion of strength, weight, power, threat, or duress. Any force directed at a victim is sufficient.

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3-2 LD 7: Chapter 3 – Identifying and Classifying Crimes Related to Robbery

Robbery, Continued

Related Fear means the reasonable apprehension of danger to oneself or another. terms This means a reasonable person, under the same set of circumstances, would (continued) be in fear of life, fear of danger of injury, or fear that personal property may be injured or damaged.

Fear of In the course of a robbery, there must be a reasonable apprehension of unlawful danger. The apprehension of danger is defined as (Penal Code Section 212): injury • the fear of an unlawful injury to the person or property of the person robbed, or of any relative of his or member of his family

• the fear of an immediate and unlawful injury to the person or property of anyone in the company of the person robbed at the time of the robbery

Other Circumstances of Crime Crime Penal related Classification Code crimes Section Robbery of hired vehicle felony 212.5(a) Robbery at an Automated Teller Machine felony 212.5(b) (ATM) Any other type of robbery or robberies not felony 212.5(c) listed in subdivisions (a) and (b) are of the second degree

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LD 7: Chapter 3 – Identifying and Classifying Crimes Related to Robbery 3-3

Robbery, Continued

Examples A woman cashed a check at a liquor store for $100. As she walked away, a man approached her and demanded her handbag. She refused and clutched the handbag tightly in her arms. The man grabbed the handbag, but the woman wouldn’t let go. The man pulled the handbag away from her and knocked her off balance. She fell and hit the ground, and the man ran off with the handbag. The man has committed the crime of robbery because he used force to take the woman’s handbag.

A boy was walking toward the entrance of his school wearing a new school jacket. Two older boys stepped in front of him and demanded that he hand over the jacket. The boy refused and tried to walk away. The two older boys knocked him down, forcefully took the jacket off of him, and ran away with it. By taking the jacket against the owner’s will, the two older boys have committed the crime of robbery.

A night watchman was sitting at his desk, when a group of masked men entered the room and tied him to his chair. They then went down the hall and stole several pieces of computer equipment that were under his protection. Even though the property was not taken directly from the watchman’s person, it was taken in the watchman’s immediate presence. The masked men have committed the crime of robbery.

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3-4 LD 7: Chapter 3 – Identifying and Classifying Crimes Related to Robbery

Robbery, Continued

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LD 7: Chapter 3 – Identifying and Classifying Crimes Related to Robbery 3-5

Carjacking

Definition The crime of carjacking is the felonious taking of a motor vehicle in the possession of another, against his or her will and with the intent to either permanently or temporarily deprive the person in possession of the motor vehicle of his or her possession, accomplished by means of force or fear. The vehicle must be taken from the person or from the immediate presence of a person in possession or from the person or immediate presence of a passenger of the motor vehicle.

Penal Carjacking is covered under Penal Code Section 215. code section

Crime To arrest a subject for carjacking, the necessary crime elements must include: elements • taking of a motor vehicle • from the person or immediate presence • of a possessor or passenger • by means of force or fear • with the intent to either, permanently or temporarily deprive the possessor or passenger

Classification Carjacking is a felony.

Completing A subject has completed the crime of carjacking once he or she has dominion the crime and control over the vehicle. It is not necessary for the possessor to be removed from the vehicle for the crime to be committed. The possessor might, for instance, be shoved over in the seat. The key is that the possessor has had to give up dominion and control.

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3-6 LD 7: Chapter 3 – Identifying and Classifying Crimes Related to Robbery

Carjacking, Continued

Other Penal Code Section 209.5 states: Any person who, during the commission of related a carjacking and in order to facilitate the commission of the carjacking crimes kidnaps another person who is not a principal in the commission of the carjacking has committed the crime of kidnapping.

Classification Kidnapping while committing a carjacking is a felony.

Examples A woman was sitting in her car at a red light. The driver’s side door was opened and a man pulled her from the car and drove off. The man has committed the crime of carjacking because he forced the driver out of the car and stole her vehicle.

A woman put the groceries in the back of the car. As she attempted to get into the driver’s seat, a man pushed her aside, jumped into the driver’s seat, and drove off. The man committed the crime of carjacking because he forcibly took the car.

LD 7: Chapter 3 – Identifying and Classifying Crimes Related to Robbery 3-7

Chapter Synopsis

Robbery Taking of personal property of another from the person or immediate [7.03.1, presence against the person’s will accomplished by means of force or fear 7.03.3] with the specific intent to permanently deprive that person of the property is a felony.

Carjacking Taking of a motor vehicle from the person or immediate presence of a [7.03.2, possessor or passenger by force or fear with the intent to either permanently 7.03.3] or temporarily deprive the possessor or passenger is a felony.

3-8 LD 7: Chapter 3 – Identifying and Classifying Crimes Related to Robbery

Workbook Learning Activities

Activity 1. One roommate, Alice, calls peace officers to report a robbery. When they questions arrive, she says that she is just fed up with her roommate who always borrows her clothes without asking. Alice relates that she had just arrived home from work to discover that her roommate has borrowed an expensive designer dress from her closet. The roommate left a note, saying she would return the dress tomorrow. What, if any, crime has been committed? How would this change if the roommate threatened to destroy all of Alice’s clothes if she wasn’t allowed to wear the dress? Under what circumstance would the removal of the dress be considered robbery?

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LD 7: Chapter 3 – Identifying and Classifying Crimes Related to Robbery 3-9

Workbook Learning Activities, Continued

Activity 2. Describe an instance in which the illegal taking of a car from a parking questions lot would be an example of carjacking and then give an example in (continued) which it would not be carjacking. What elements distinguish one crime from the other?

3. Two people enter a home when the residents are away and remove numerous valuable belongings. Have they committed robbery? Why or why not?

3-10 LD 7: Chapter 3 – Identifying and Classifying Crimes Related to Robbery

Chapter 4

Identifying and Classifying Crimes Related to Homicide Overview

Learning need Arrest and successful prosecution depend on the development of probable cause. Peace officers need to know the elements required to arrest for crimes related to homicide, and to correctly categorize these crimes as felonies.

Learning The chart below identifies the student learning objectives for this chapter. objectives After completing study of this chapter, the student will be Objective able to: ID • recognize the crime elements required to arrest for murder 7.04.5 • recognize the crime elements and classification for 7.04.6 manslaughter crimes

In this chapter This chapter focuses on recalling, classifying, and categorizing crimes related to homicide. Refer to the following chart for specific topics.

Topic See Page Murder 4-2 Manslaughter 4-5 Chapter Synopsis 4-9 Workbook Learning Activities 4-10

LD 7: Chapter 4 – Identifying and Classifying Crimes Related to Homicide 4-1

Murder

Definition The crime of murder is the unlawful killing of a human being, or a fetus, with malice aforethought.

NOTE: Homicide is the taking of life by another human being.

NOTE: Standard description regarding murder of a fetus is the viability of the fetus outside the womb.

Penal Murder is covered under Penal Code Section 187. code section

Crime To arrest a subject for murder, the necessary crime elements for murder must elements include:

• unlawful killing of a human being or fetus • with malice aforethought

Classification Murder is a felony.

Malice The concept of malice aforethought is key to the definition of murder. It is aforethought what distinguishes murder from the less heinous crime of manslaughter.

Malice aforethought may be expressed or implied and is expressed when there is an intent to kill. Malice aforethought is implied when the killer, although not intending to kill, manifests a conscious disregard for life. Conscious disregard for life occurs when the killing results from an intentional act, the natural consequences of which are dangerous to life, and the act is performed by one fully aware of the danger, but who proceeds in spite of the danger.

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4-2 LD 7: Chapter 4 – Identifying and Classifying Crimes Related to Homicide

Murder, Continued

Malice Put another way, implied malice aforethought is the state of mind where aforethought there is no intent to kill but, there is a conscious disregard for life. (continued)

Felony When murder is perpetuated under the following conditions, it would be degree classified as first-degree murder. (Penal Code Section 189) murder These types of murders can be easily recalled using the acronym “PET PoLy” which stands for:

• Premeditated, • Explosives (including Weapons of Mass Destruction (WMD’s), destructive devices, and metal or armor piercing ammunition) • Torture (Penal Code Sections 206 and 12022.7) • Poison • Lying in wait

Destructive devices are defined in Penal Code Section 12301. Explosive devices are defined in Health and Safety Code Section 12000. WMD’s are defined in Penal Code Section 11417.

Felony The state of mind of malice aforethought may be implied by operation of murder law. This is called the felony murder rule. This situation occurs when any rule killing happens during the commission of certain felonies listed in Penal Code Section 189. The list of felonies are:

- arson - rape - robbery - carjacking - burglary - kidnapping - mayhem - drive by shooting - train wrecking

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LD 7: Chapter 4 – Identifying and Classifying Crimes Related to Homicide 4-3

Murder, Continued

Felony Aiders and abettors who are not the actual Killers must: murder rule - Share the actual killer’s intent to kill (continued) - Be deemed primary participants in the crime. Just being along for the underlying felony (a driver, lookout, etc.) is no longer enough to be guilty of felony murder.

A participant in the perpetration or attempted perpetration of a felony listed in subdivision (a) in which a death occurs is liable for murder only if one of the following is proven:

- the person was the actual killer. - the person was not the actual killer, but, with the intent to kill, aided, abetted, counseled, commanded, induced, solicited, requested, or assisted the actual killer in the commission of murder in the first degree.

- The person was a major participant in the underlying felony and acted with reckless indifference to human life, as described in subdivision (d) of section 190.2(f) Subdivision (e) does not apply to a defendant when the victim is a peace officer who was killed while in the course of his or her duties, where the defendant knew or reasonably should have known that the victim was a peace officer engaged in the performance of his or her duties.

- If there is a killing of any person including suspects, whether intentional, unintentional, or completely accidental, during the commission, or attempted commission of one of these felonies, that killing will be a murder by operation of the felony murder rule. Thus, no matter what the actual state of mind of the perpetrator of a listed felony, the law will consider the state of mind to be malice aforethought. The killing will be a murder under the felony murder rule.

Examples A woman discovered that her husband was having an affair with her best friend. She purchased a handgun and returned after a two-week waiting period to pick up the gun. She then drove to her friend’s house and waited for her to come home from work. When the friend got out of her car, the woman shot her several times and killed her. The woman has committed the crime of murder.

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4-4 LD 7: Chapter 4 – Identifying and Classifying Crimes Related to Homicide

Murder, Continued ______

Examples A teenage boy, armed with a gun, was meeting a man in the park to buy (continued) some crack. When he arrived, the seller said he didn’t have the crack, but he would have it the next day. The boy was so outraged he shot the man, killing him. The boy committed the crime of murder. ______

LD 7: Chapter 4 – Identifying and Classifying Crimes Related to Homicide 4-5

Manslaughter

Definition The crime of manslaughter is the unlawful killing of a human being without malice aforethought.

Penal Manslaughter is covered under Penal Code Section 192. code section

Crime To arrest a suspect for voluntary manslaughter, the necessary crime elements elements must include:

• the unlawful killing of a human being without malice. • Upon a sudden quarrel or heat of passion.

Classification Voluntary manslaughter is a felony.

Related To understand the crime of voluntary manslaughter, peace officers need to terms understand the following terms:

Heat of passion implies a blinding rage which clouds judgment and common sense and prompts a person to act rashly, without deliberation. Voluntary manslaughter during heat of passion presumes that the act was committed without deliberation or reflection. If a reasonable person would have had time to “cool off” and regain senses between the provocation and the act of killing, the homicide may be presumed to be an act with malice aforethought, a murder, rather than voluntary manslaughter.

Imperfect self-defense means the killer had an actual belief in the necessity to use deadly force to defend himself against imminent peril to life or great bodily injury, but under the circumstances, this belief, no matter how genuine, was not reasonable.

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4-6 LD 7: Chapter 4 – Identifying and Classifying Crimes Related to Homicide

Manslaughter, Continued

Crime To arrest a suspect for involuntary manslaughter, Penal Code Section 192(b), elements the necessary crime elements must include:

• in the commission of an unlawful act not amounting to a felony or • in the commission of a lawful act which might produce death in an unlawful manner, or • without caution and circumspection

Classification Involuntary manslaughter is a felony.

Vehicular The crime of vehicular manslaughter depends on two elements: The manslaughter intoxication or condition of the driver, the level of negligence displayed by the driver.

Vehicular Manslaughter Crime Penal Classification Code Section Gross negligence while intoxicated felony 191.5(a) Gross negligence while not felony 192(c)(1) intoxicated Ordinary negligence while intoxicated felony 192(c)(3) Ordinary negligence while not misdemeanor 192(c)(2) intoxicated

NOTE: Gross negligence is defined in Penal Code Section 192.

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LD 7: Chapter 4 – Identifying and Classifying Crimes Related to Homicide 4-7

Manslaughter, Continued

Examples A husband came home unexpectedly in the middle of the day. He walked into his bedroom and found his wife in bed with his best friend. The husband got his gun out of the bedroom closet and killed the man. The husband has committed the crime of voluntary manslaughter because he killed his friend in the heat of passion.

A man was in his suburban backyard with a high- powered rifle, practicing shooting into a cardboard target. He hit the target, but the bullet continued into a neighbor’s house where it hit and killed the neighbor. The man has committed the crime of involuntary manslaughter because he didn’t take into account the safety of others (i.e., gross negligence) whose homes were only a short distance away.

Leaving the house a few minutes late, a woman began driving to work. She was driving approximately 75 mph in a school zone when suddenly the car in front stopped for a school bus. The woman could not stop and plowed into the car. The car was forced into the stopped bus. The driver of the car hit by the woman was taken to a hospital where he died later that night. The woman has committed the crime of gross vehicular manslaughter.

An eighteen-year-old male was driving 30 miles per hour in a 25 zone. His speed prevented him from stopping when a young child ran into the street without looking. The child was killed. The teen has committed vehicular manslaughter with negligence, because his speeding did not constitute a felony and was not excessive enough to show willful and wanton disregard for safety.

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4-8 LD 7: Chapter 4 – Identifying and Classifying Crimes Related to Homicide

Manslaughter, Continued

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LD 7: Chapter 4 – Identifying and Classifying Crimes Related to Homicide 4-9

Chapter Synopsis

Murder To arrest a subject, the necessary crime elements for murder must include [7.04.5] unlawful killing of a human being or fetus with malice aforethought.

Manslaughter The crime of manslaughter is the unlawful killing of a human being without [7.04.6] malice aforethought.

4-10 LD 7: Chapter 4 – Identifying and Classifying Crimes Related to Homicide

Workbook Learning Activities

Activity 1. As part of a fraternity initiation, a college student tampered with a questions railroad signal. As a result of the tampering, a train was switched to the wrong track and collided with an oncoming train. As a result, there were several passenger fatalities. The student has committed what crime?

2. What homicide-related crimes are classified as misdemeanors?

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LD 7: Chapter 4 – Identifying and Classifying Crimes Related to Homicide 4-11

Workbook Learning Activities, Continued

Activity 3. On the steps of a courthouse, peace officers observe a young couple in a questions heated argument. The woman slaps the man, but is horrified when he (continued) loses his balance and falls backward down the stairs. The man strikes his head and dies of this injury two hours later. Has the woman committed any crime? How should peace officers react on the scene?

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4-12 LD 7: Chapter 4 – Identifying and Classifying Crimes Related to Homicide

Workbook Learning Activities, Continued

Student notes

4-14 LD 7: Chapter 4 – Identifying and Classifying Crimes Related to Homicide

Workbook Learning Activities, Continued ______

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4-14 LD 7: Chapter 4 – Identifying and Classifying Crimes Related to Homicide

Chapter 5 Death Investigations Overview

Learning need Peace officers who are first to arrive at a scene involving a death must be aware of their responsibilities to assess the situation and take an appropriate course of action based on their preliminary investigation.

Learning The following table identifies the student learning objectives for this chapter. objectives After completing study of this chapter, the student will be Objective able to... ID • identify information that should be obtained and 7.05.6 documented when conducting an investigation involving the death of a child • identify indicators that a child’s death may be due to 7.05.7 Sudden Infant Death Syndrome (SIDS) • identify appropriate actions for responding officers 7.05.8 interacting with parents or caregivers involved in a SIDS incident

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LD 7: Chapter 5 – Death Investigations 5-1

Overview, Continued

In this chapter This chapter focuses on the investigation of incidents involving the death of an adult or child. Refer to the table below for a specific topic.

Topic See Page Death Investigations 5-3 Homicide Investigations 5-16 Suicide Investigations 5-19 Deaths Involving Poisoning 5-23 Deaths Involving Children 5-24 Chapter Synopsis 5-36 Workbook Learning Activities 5-37

5-2 LD 7: Chapter 5 – Death Investigations

Death Investigations

Introduction Not every death is a crime. But if a death was unattended, sudden or unexpected, or suspicious in any way, it must be investigated by law enforcement personnel to determine whether or not the death was the result of a criminal act.

Death Upon arrival, officers should immediately check for signs of life except in recognition cases of obvious death. If there is any doubt whatsoever or if there are any indications of life, the responding officers should immediately summon emergency medical assistance and render first aid.

The following table identifies observable indicators that an individual is dead.

Indications Information that a person may be dead Cessation of • No movement of upper abdomen is observed breathing • No breath sounds can be heard

NOTE: The absence of abdominal movement by itself may not necessarily mean the individual is dead. No detectable • No neck or wrist pulse can be felt pulse • Bleeding of wounds has ceased • Skin appears waxy or translucent due to lack of blood circulation Cessation of • Pupils are fixed and dilated and show no reaction to a eye movement change in light

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LD 7: Chapter 5 – Death Investigations 5-3

Death Investigations, Continued

Death Indications Information recognition that a person (continued) may be dead Body • Skin feels cool (or near room temperature) to the temperature touch

NOTE: The rate of cooling can vary depending on the individual’s age, size, clothing, amount of fat, or air temperature.

Postmortem Obvious signs Description/Rationale Observation of death Livor mortis • Also referred to as postmortem lividity • Purple discoloration resulting from gravity induced pooling or settling of blood within the body • Staining is due to clotted blood and remains permanently • Begins immediately at time of death but not first noticeable until 30 minutes to one hour after death • Usually well developed within three to four hours and becomes “fixed” eight to twelve hours after death • May provide an indication of: - the time of death, - position of the body at death - whether or not the body was moved or repositioned after death

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5-4 LD 7: Chapter 5 – Death Investigations

Death Investigations, Continued

Postmortem Obvious signs Description/Rationale observation of death (continued) Rigor mortis • Gradual stiffening or hardening of muscle tissue • Caused by the breakdown of enzymes and the accumulation of lactic acid in the muscle tissue • Takes place at the same time throughout the body but is first observable in the neck and jaw muscles • Can first appear 1-6 hours after death; full rigor at 6- 24 hours after death; begins to disappear until completely gone 36-60 hours after death • An unreliable method of indicating time of death because onset and duration may vary if: - conditions are abnormally cool or hot - the individual experienced a high fever, heavy muscle activity, convulsions, or fright prior to death - death was due to specific conditions (e.g., Sudden Infant Death Syndrome) • May provide information regarding the posture or positioning of the body at the time of death

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LD 7: Chapter 5 – Death Investigations 5-5

Death Investigations, Continued

Postmortem Obvious signs Description/Rationale observation of death (continued) Putrefaction • Natural decomposition or breakdown of body tissue due to bacterial or fungi activity or normal chemical reactions within the body • Onset and rate are dependent on environmental temperatures • Usually begins in lower abdomen and genitals as a greenish discoloration • Can be marked by the formation of blisters filled with gas • Proceeds in stages until the body is reduced to a skeleton Other • Insect infestation indicating a time of death based on the normal insect development cycle (specifically the presence of insect eggs, larvae, and/or adult insects) • Loss of tissue caused by wild or domestic animals eating off the body • Traumatic injuries leading to a possible cause of death (e.g., burns, decapitation, mutilation, etc.)

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5-6 LD 7: Chapter 5 – Death Investigations

Death Investigations, Continued

Responding Based on their findings, responding officers must take appropriate actions and officers’ conduct a preliminary investigation. responsibilities IF the THEN officers should... officers... find indications • call for emergency medical services and render or even suspect appropriate first aid the individual is • coordinate the efforts of those at the scene rendering still alive medical assistance • determine if a crime has been committed, if possible, and conduct a preliminary investigation determine there • contain, secure, and protect the body and incident are obvious scene signs of death • identify and locate possible witnesses and other sources of information • determine, if possible, the manner of death and if a crime has been committed • identify and arrest suspect(s), if possible • notify dispatch as soon as possible with information regarding the circumstances of the death • make any other required notifications (e.g., medical examiner/coroner’s office) • collect available information necessary to write a clear and accurate preliminary investigative report

NOTE: It is each officer’s responsibility to be aware of and comply with his or her own agency policies and guidelines.

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LD 7: Chapter 5 – Death Investigations 5-7

Death Investigations, Continued

Death As soon as a responding officer determines that an individual is dead, the pronouncement officer should document:

• the time the observation was made (not the time of the actual death), and by whom • those factors that led the officer to conclude that the individual was dead

This information can be used by the medical examiner/coroner and should be included within the officer’s investigative report.

Officer Responding officers should be aware of potential hazards to themselves and safety others related to the cause of the death. If a danger, or the potential for danger exists, officers should take appropriate action to ensure their own safety and the safety of others.

Examples of possible hazards that would warrant special precautions or actions include, but are not limited to:

• live electrical wires • explosive materials • toxic fumes • flammable substances • blood borne pathogens • other hazardous materials

NOTE: To protect themselves from blood borne pathogens, officers should wear protective clothing, including disposable gloves.

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5-8 LD 7: Chapter 5 – Death Investigations

Death Investigations, Continued

Required The manner of death will dictate the required notifications to be made, the notifications type of assistance to request, and the disposition of the body itself. Based on the officers’ preliminary investigation, the responding officers may notify:

• supervisory personnel • special investigative units • additional backup units • evidence technicians • special crime scene photographers • medical examiner/coroner

NOTE: The extent of availability of such individuals may be dependent on the resources of each specific law enforcement jurisdiction.

On-scene The body of the victim should be considered a crime scene in and of itself. treatment Once it has been determined that the individual is dead, responding officers of the body should:

• secure the body and immediate area along with any other areas associated with the death scene

• refrain from touching, disturbing, or moving the body or any other potential evidence in any manner. Officers should also prevent any other unauthorized individuals from doing so as well

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Death Investigations, Continued

On-scene • ensure that the scene is documented by use of photographs, sketches, and treatment field notes before the body is moved of the body (continued) • attempt to identify the deceased through witnesses, family members, the reporting party, or other individuals, if possible

Only after the body has been officially removed, may officers begin a thorough search of the surface where the body was found for additional physical evidence.

Time It is not the responsibility of the responding officers to determine the of death actual time of death. That determination must be made by the medical examiner/coroner or forensic pathologists.

Responding officers should document any observations regarding the condition of the body that may aid the medical examiner/coroner in making this determination. The following table presents general guidelines regarding postmortem conditions based on time of death.

General Guidelines Postmortem Conditions under 30 minutes ago • that the body is still warm to the touch • absence of or only slight signs of lividity • toneless and flaccid muscles 30 minutes to one • slight lividity hour ago • toneless and flaccid muscles more than one hour • slight lividity ago • toneless and flaccid muscles • a thin opaque film over the eyeballs two to four hours ago • mild lividity • rigor mortis • a thin opaque film over the eyeballs

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Death Investigations, Continued

Time General Guidelines Postmortem Conditions of death eight to twelve hours (continued) • maximum lividity ago • rigor mortis • a thin opaque film over the eyeballs • a body surface temperature that feels the same as that of surrounding atmosphere more than 24 hours • initial decomposition (under warm environmental ago conditions) • no apparent indication of rigor mortis • a body surface temperature that feels the same as that of surrounding atmosphere

Medical Under California law, whenever a death appears to be sudden, unexplained, examiner/ unnatural, or suspicious, the medical examiner/coroner has the authority to coroner investigate the circumstances and determine the cause of death.

Jurisdiction over the deceased and the investigation falls with the medical examiner/coroner of the county in which the deceased is found not the county where the event which caused the death occurred.

Coordination between investigating officers and the medical examiner/coroner is essential in the collection of evidence used to determine the cause, manner, mode of death, and identification of possible suspects.

NOTE: Not all deaths are coroner cases (e.g., deaths from natural causes that take place in a medical facility).

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Death Investigations, Continued

Medical Once law enforcement personnel have conducted a preliminary investigation examiner/ of the scene, the medical examiner/coroner becomes responsible for: coroner responsibilities • searching the body and premises for personal effects and identification • taking custody of and safeguarding the personal effects and property (e.g., papers, money, jewelry, etc.) found on the body of the deceased and on the premises until otherwise lawful disposition can be made • determining if the premises should be locked and a seal applied to the door(s) prohibiting entrance until arrival of a legally authorized representative of the deceased is present (Such action cannot interfere with any law enforcement investigation that is being conducted.) • estimating the actual time of death • performing an autopsy • conducting a death investigation • generating a death certificate • releasing to the investigating law enforcement agency or district attorney’s office any evidence necessary for a criminal investigation, including a receipt for all evidence

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Death Investigations, Continued

Cooperation It is unlawful for any person (including law enforcement officers) to: between medical • search for or remove any: examiner/ - papers coroner and - money law - valuable property enforcement - weapons • from the person of the deceased • the premises of the deceased • prior to the arrival of the medical examiner/coroner

NOTE: In the event of a vehicular homicide, the investigating officer may legally search the person or property on or about the deceased for a driver’s license or identification card to determine if an anatomical donor card is attached (Government Code Section 27491.3(d)).

At the same time, whenever it is apparent that a crime has been committed and that a criminal investigation and prosecution will take place, the medical examiner/coroner cannot:

• disturb or remove the body • any related evidence • until law enforcement personnel have had a reasonable opportunity to respond to the scene

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Death Investigations, Continued

Undetermined If the crime scene investigation does not indicate that the death can be deaths attributed to natural, accident, suicide, or homicide, it will be classified as undetermined.

Forensic medical examination will determine the cause of death which will identify the classification.

Agency policy The role of the responding officer in the collection of physical evidence may regarding be dependent on agency policy and the investigative support available (e.g., death special evidence technicians, homicide investigation units, medical investigations examiner/coroner, etc.). It is each officer’s responsibility to be aware of and comply with agency policies and procedures.

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Homicide Investigations

Introduction Homicide refers to any killing of one human by another, regardless of the circumstances. Homicide can be either lawful or unlawful.

Responding When responding to a call involving a homicide, it is the responding officers’ officers’ responsibility to secure the scene and aid in conducting the preliminary role investigation.

Initial Once responding officers have safely arrived at the scene and have determined actions that the victim is obviously dead, they must conduct a protective sweep of the immediate area and look for additional victims, possible suspects, witnesses, or other persons who may have information regarding the death.

Crime scene The identification and preservation of the scene is of the utmost importance. containment After initially approaching the victim to determine if there are no signs of life, officers should vacate and secure the immediate crime scene and not re-enter.

An inner perimeter should be established around the primary crime scene area. An inner perimeter may include, but is not limited to:

• the location of any evidence • the path of access or egress of a suspect • signs of struggle between people

An outer perimeter may include additional locations associated with the acts of the crime including, but is not limited to:

• the location where the initial assault took place • the location where the victim actually died • points of entry and escape from the crime scene

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Homicide Investigations, Continued

Access to The initial responding officers have the lawful authority to deny unauthorized the crime access to the scene. It is their responsibility to limit access in an effort to scene preserve and protect possible evidence as well as protect the victim’s rights and property.

Those who are allowed access to the crime scene may include:

• the medical examiner/coroner • assigned investigators • other personnel whom the investigators authorize

NOTE: Officers should maintain a crime scene log of everyone allowed access and their reason for entering the crime scene.

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Homicide Investigations, Continued

Protection Physical evidence associated with the crime scene should be protected until it of physical can be properly identified, documented, collected, and processed. The evidence following table identifies types of physical evidence that may be associated with a homicide investigation.

Form of Physical Examples Evidence Body materials • Blood • Bloodstain patterns • Semen • Hair • Skin and other tissue • Saliva Instruments of the • Firearms death • Knives • Blunt objects (e.g., bat, lamp, large stick, etc.) • Sharp or puncturing objects (e.g., scissors, ice pick, etc.) Objects associated • Tools with the crime • Documents • Foreign matter (e.g., soil, paint, glass particles) Prints and pattern • Fingerprints markings • Tire tracks • Footprints • Tool marks

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Homicide Investigations, Continued

Trace and Responding officers must remain alert for all forms of physical evidence that transfer may be associated with the crime. This includes trace and transfer evidence evidence (e.g., hair, fibers, blood, gunshot residue, etc.) that may exist on people associated with the crime scene including surviving victims, witnesses, and suspects.

Suspects should not be allowed to wash their hands, change clothes, or use the toilet. Special measures, such as bagging hands or feet, may occasionally be necessary.

Witnesses While containing the crime scene, responding officers have the responsibility of identifying and possibly detaining witnesses at the scene for later questioning by homicide investigators.

An eyewitness is any individual who actually saw the act that led to the death of the victim. Officers should not limit themselves to only identifying eyewitnesses. Witnesses may also include people who can provide information regarding:

• the motive of the individual who committed the act • the manner in which the suspect left the area • the identification and background of the victim or suspect • the circumstances of the crime (e.g., identification of unusual people or vehicles in the area, neighbors who heard shouting, etc.)

Crimes Crimes associated with homicide (criminal homicide) include: associated with • murder (Penal Code Section 187) homicide • voluntary manslaughter (Penal Code Section 192(a)) • involuntary manslaughter (Penal Code Section 192(b)) • vehicular manslaughter (Penal Code Section 192(c))

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Suicide Investigations

Introduction Suicide is the act of intentionally causing one’s own death.

Suicide vs. It is often difficult to differentiate between a suicide and a homicide. A homicide determination that the manner of death was suicide can only be after a thorough investigation. The medical examiner/coroner has the legal authority to make the final determination after reviewing all the facts of the case.

Appearance Upon arrival, responding officers should take the same steps they would when of scene conducting any death investigation. They should be careful not to make any upon assumptions regarding the manner of death without clear supporting evidence. arrival Indicators that the manner of death may have been suicide include, but are not limited to:

• no apparent signs of a struggle • an instrument of death (weapon, objects, etc.) being present • injuries that appear to be self-inflicted • the existence of hesitation marks or previously self-inflicted wounds • the position of the body • the manner of death being consistent with the physical capabilities of the person • the presence of prescription medications • the presence of written matters pertaining to suicide

NOTE: If any factors exist that cast any suspicion on whether or not the manner of death was suicide, officers should immediately request assistance from a supervisor or investigator.

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Suicide Investigations, Continued

Mode of Responding officers should also be careful not to make assumptions regarding death the mode of death that are not supported by evidence.

For example, suicide by strangulation may not require a fully suspended hanging body with a broken neck. Death may be self-inflicted by using a cord fastened to a bed rail, doorknob, or other low object.

No matter what mode of suicide was used (i.e., pills, carbon monoxide, gunshot), investigating officers should carefully describe the body and scene as fully as possible. Such documentation may be in the form of photographs, sketches, and detailed field notes.

Self-inflicted During the preliminary investigation, officers should pay close attention to the injuries location and extent of observable injuries. If the injury was caused by force or trauma, they should consider the direction from which it was delivered.

Interviews Obtaining information to determine what, where, when, why, and how regarding a suicide becomes more difficult because there is usually no one other than the victim involved. Investigating officers should seek out and interview relatives, friends, neighbors, or other individuals regarding the victim’s behavior and state of mind prior to the act.

During such interviews, officers should attempt to obtain factual information (e.g., mental condition, financial problems, sudden unemployment, ill health, etc.) that could lead to a possible motive and actions of the person prior to the death. Any opinions expressed (e.g., victim’s sadness or moodiness) will require further verification.

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Suicide Investigations, Continued

Motive Establishing a motive may also be a factor for distinguishing between a suicide and a homicide. Officers should realize that the individual’s motive cannot always be determined.

If it is determined that the individual had no apparent motive for committing suicide, investigating officers should examine the scene carefully to determine if evidence can be developed indicating the manner of death was homicide rather than suicide.

There are a number of possible motives for suicide often reported, including:

• old age • ill health • relationship problems (e.g., marital, illicit affairs) • financial problems • unemployment • drug or alcohol abuse • mental disorders, including depression • death of a loved one

Suicide Suicide notes, letters, diaries, notebooks, or journals, or other possible note personal items may be left at or near the death scene, mailed to a relative or acquaintance, or found elsewhere (e.g., the victim’s residence, vehicle, etc.). Officers should keep in mind though that the existence of a suicide note does not automatically prove that the death was self-inflicted. Many suicides will not have a note left by the deceased.

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Suicide Investigations, Continued

Authenticity The authenticity of any suicide note should be verified. Specific content references (e.g., events, individuals, etc.) should also be investigated when establishing the authenticity of the suicide note.

To aid in the verification process, officers should gather items of evidence such as:

• the suspected writing instrument • samples of the same type of paper • impressions left on the surface where the note was written • samples of other writings for comparison of style, form, or legibility

Criminal When investigating a possible suicide, officers may also look for indications actions of of the involvement of other individuals. A criminal act can take place even if others the other individual was not directly involved in the act. Anyone who deliberately aids, advises, or encourages another person to commit a suicide has committed a felony (Penal Code Section 401).

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Deaths Involving Poisoning

Introduction A poison is any substance introduced into the body by any means which by its chemical action is capable of causing death. The criminal act of poisoning involves the willful mingling of any harmful substance with any food, drink, medicine, or water supply with the intent to injure or cause the death of the person who consumes it (Penal Code Section 347(a)).

Suicide and Poisons are more likely to be found in cases of suicide or accidental death. accidental Under such circumstances, the self-inflicted or unintentional poisoning may death involve:

• a drug overdose • ingestion of lethal substances • food poisoning • carbon monoxide

Homicide Although poisoning is more common with suicide or accidental death, responding officers should not make any assumptions regarding the manner of death without substantiating evidence. Until shown to be otherwise, responding officers should handle all suicides and unnatural deaths as potential homicides.

Initial Death by poison may be initially suspected when responding officers find the indicators following outward indicators at the scene where the body is located. of poisoning • No outward signs of trauma to the body • Pill bottles or medicine containers • Drug paraphernalia, illegal drug residue, hypodermic needles, or syringes • A vehicle with the motor running (or with an empty gas tank) and the ignition key in the on position

LD 7: Chapter 5 – Death Investigations 5-23

Deaths Involving Children

Introduction The death of a child is a highly emotional event which calls for sensitivity and skill on the part of the initial responding officers. Officers must have an understanding of possible causes of death, methods for investigating the circumstances surrounding the death, and proper techniques for interviewing parents, caregivers, witnesses, and/or suspects.

Manner The following table identifies possible manners in which the death of a child of death can occur.

Possible Examples Manner Accidental • Falls • Drowning • Suffocation/choking Natural or • Traumatic birth injuries brought on by the forces of undetermined labor and/or delivery • Congenital malformations or defects, unknown to the parents, that result in death (e.g., heart defects) • Illness or disease • Sudden Infant Death Syndrome (SIDS) and other medical conditions leading to sudden unexplained death Homicide • Murder with malice aforethought • Manslaughter involving child abuse or neglect (e.g., shaken baby syndrome)

NOTE: For additional information regarding abuse, neglect, and/or criminal acts against children, refer to LD 9: Crimes Against Children.

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Deaths Involving Children, Continued

Initial Responding officers are among the first to arrive at the scene of a possible response death involving a child. Just as with all other possible death investigations, officers must immediately attempt to identify any signs that the child may still be alive.

If they find any indications, or even suspect the child is still alive, emergency medical assistance should be immediately summoned and appropriate first aid rendered.

Emotional The death of a child is a traumatic and highly emotional situation. Emotional responses response varies between individuals and cannot be predicted. Officers should also be aware of their own emotional reactions to the situation.

Possible Responses Parents, family • Anger members, or • Frustration care givers • Denial or withdrawal • Self-doubt or self-blame • Guilt • Intense grief • Shock (no visible response) Law • Identification with parents (e.g., urgent need to call enforcement home regarding the officer’s own children) officers • Withdrawal or avoidance of parent or care giver • Sadness, depression • Difficulty accepting or anger related to the responses or actions of parents or care givers (e.g., parent’s failure to initiate CPR)

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Deaths Involving Children, Continued

Preliminary A complete inquiry into the circumstances surrounding the death of a child is investigation essential in order to separate incidents of natural or accidental death from forms of criminal misconduct. Officers should treat the scene as any other death investigation.

Initiating The skill and sensitivity of the peace officer interviewing parents, caregivers, interviews and other involved individuals will affect that officer’s ability to establish a professional rapport and obtain complete and accurate information.

Because of their own emotions and response to the death, some parents or caregivers may be difficult to interview and require extra patience on the part of the interviewing officer.

Initiating When initiating an interview with a parent or care giver, officers should: an interview • be sensitive to their need to calm themselves prior to the interview • express sympathy • use a calm and directive voice • explain: - the activities of the personnel involved in the investigation - the procedures that will be followed - the reasons for those procedures • inform the person to be interviewed why the interview is necessary • inform the parents or care giver that they may receive follow-up contacts from others who will provide support or need to obtain additional information.(e.g., investigators, medical examiner/coroner’s staff, public health nurse, etc.) • avoid using accusatory phrases or law enforcement jargon (e.g., “suspect,” “crime scene,” “homicide investigation,” “victim,” etc.)

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Deaths Involving Children, Continued

Interview When interviewing parents or caregivers, officers should attempt to use open- techniques ended questions (i.e., questions that cannot be answered with a simple “yes” or “no”). Open-ended questions encourage individuals to speak more freely while, at the same time, do not reveal any expectations on the part of the questioning officer.

Examples of possible open-ended questions include, but are not limited to, the following:

• What happened? • Who found the child? Where? • What did that person do when the child was found? • How was the child behaving earlier today?

Dead The following checklist is an example of a job aid for peace officers who investigations respond to a call involving the death of a child. checklist

Identification ______Victim’s name, DOB, time found dead of all parties ______Who found child in distress or deceased? ______Who was last with the child? What time was it? ______Who was the child with for the 24 hours preceding the event? ______Who normally takes care of the child? ______Are there other children in the home? If so, what are their names and birth dates? ______Was there anyone present in the same room with the child just prior to the discovery? ______Was the child sleeping/playing alone? ______Who else resides in the home?

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Deaths Involving Children, Continued

Documentation ______Where was the child found? (describe in detail the room, type of bed of physical (crib? bassinet? other?), etc. scene ______What was the child’s position when found? ______What was the position of the bed covers? ______Was there anything near the child when he/she was found, such as blankets, toys, bottles, plastic of type, etc.? ______If bottles are at the scene, describe the condition of contents (juice, water, or milk; contents curdled or fresh; temperature warm or cold; bottle contents full, half-full, or empty, etc.) ______Was there anything caught in the child’s mouth or nose? (If so, what?) ______Describe any secretions present (mucous, milk, food, foam, blood, etc.) ______Describe the condition of the physical setting (clean, dirty, wet, messy, etc.) ______Describe anything unusual or significant not covered above.

Victim ______What was the child’s apparent condition when last observed alive? history ______Had the child eaten and slept normally during the prior 24 hours? ______Was there anything unusual about the child’s behavior during the preceding 24 hours? ______Had the child suffered any injury during the three days preceding death? ______Did the child have any illness during the two weeks preceding death? ______Did the child have any ongoing medical problems? ______Who was the child’s doctor? ______Was the child taking any medication? ______How, where, and with whom had the child spent the preceding 24 hours? ______Was there any difficulty at childbirth? ______Was the child considered to be developing normally? ______Is this the first death of a child in the family?

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Deaths Involving Children, Continued

Collection ______Before moving anything at the scene, photograph (if possible) the of physical specific place where the child was found. evidence ______If there is any indication that the child suffered a recent injury, photograph the scene where the injury is reported to have occurred. ______Collect any items present in the immediate area where the child was found, including bedding, child’s last bottle, and objects around the victim. ______Collect clothing worn by child when he or she was found. ______Collect any medicine the child had been taking.

Documentation As part of the on-scene investigation, officers must gather and document information related to the incident. The following table identifies examples of the type of information that should be documented.

Information Examples pertaining to the... Child • Name, date of birth, ethnicity, gender • Nature and extent of known medical conditions or problems at the time of death (e.g., colds, ear infections, etc.) • Description of chronic illnesses or injuries which the child may have experienced recently • Medications the child may have been taking • Recent vaccinations • Recent or past history of falls or abuse • Name of the child’s physician • Medical history - hospital of birth - places of recent treatment

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Deaths Involving Children, Continued

Documentation Information Examples (continued) pertaining to the... death scene • Location where the child was discovered • Position in which the child was found • Appearance of the child, including clothing and, if applicable, bedding • Any possible signs or indications of abuse (e.g., bruises, scars) • Description and condition of: - the immediate area where the child was found - the overall residence or general area • Approximate temperature of the area/room where child was found circumstances • Circumstances that led to the discovery of the child • Exact time the child was last seen alive • Time the child was found to be unresponsive • If the child was found in a crib or bed, the time the child was put down to rest • Name and relationship of the person who found the child • Description of any resuscitation attempts, including by whom and how long

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Deaths Involving Children, Continued

Documentation Information Examples (continued) pertaining to the... other • Name, address, phone number of parent(s) and/or individuals care giver • Behavior of individuals present • Names, addresses, phone numbers of other individuals who may be able to furnish information or access to the location and/or child prior to the incident

Sudden Sudden deaths involving infants may be attributed to Sudden Infant Death Infant Syndrome (SIDS). SIDS is defined as the sudden death of an infant which Death remains unexplained after a complete: Syndrome • postmortem examination and autopsy • law enforcement investigation • review of the child’s medical history

NOTE: “Crib death” is also used to denote SIDS.

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Deaths Involving Children, Continued

No At this time, there is no known explanation for SIDS. It is not caused by known suffocation, aspiration, or regurgitation. It is not caused by child abuse. cause If it is determined the cause of death is SIDS, officers should reassure parents and care givers that:

• there was nothing a parent, caregiver, or even physician could have done to predict or prevent the child’s death • SIDS is not contagious to other children • death occurs quickly and quietly

Indicators Peace officers need to become familiar with the following primary indicators of SIDS of a SIDS related death.

A SIDS infant generally:

• was under the age of one year (The majority of SIDS deaths occur before six months with the largest number of deaths occurring between the ages of two to four months.)

• appeared to have been healthy prior to the death (with the exceptions of minor colds, vomiting, diarrhea, etc.)

• died during a period of sleep

• had no visible signs of trauma or injury at the time of death

NOTE: Although unlikely, what may appear to be a SIDS death may have been the result of other manners of death including homicide (e.g., soft smothering). Responding officers must remain objective when examining the scene and investigating the death.

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Deaths Involving Children, Continued

Postmortem Officers may observe any of the following postmortem changes. observations Postmortem Description Observation Skin tone • Skin may appear mottled, blue, or gray in color Pressure • Impressions left on the infant’s face or body caused marks by lying against objects such as crib, blankets, or toys Discharge • A frothy or blood-tinged mucus or vomit present in or around the nose and/or mouth of the infant • May also be found on clothing or bedding Rigor mortis • Progresses more rapidly in infants than in older children or adults Livor mortis • Lividity that can be easily mistaken for bruising

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Deaths Involving Children, Continued

Common Every case involving the death of a child will vary regarding specific details. sequence When a child’s death is due to SIDS, a common sequence of events often of events takes place.

Action 1 • The infant is found nonresponsive by a parent or caregiver. • Attempts to revive the infant (e.g., CPR) are unsuccessful. 2 • A 911 call is initiated. 3 • Local law enforcement officers, emergency medical technicians, or individuals from the local fire department arrive at the scene. • Additional attempts are initiated to revive the child. 4 • The infant is transported to a medical facility, or • pronounced dead at the scene. 5 • The medical examiner/coroner is called to the scene of the death (or hospital if the infant had been transported). • An investigation to determine the manner and cause of death is undertaken by the medical examiner/coroner and law enforcement personnel.

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Deaths Involving Children, Continued

Additional If the death is attributed to SIDS: actions • the medical examiner/coroner’s office notifies the local health department

• a representative of the local health department must (under California law) contact the family within three days and provide:

- counseling regarding SIDS - referral information for peer support

• both the medical examiner/coroner’s office and the local health department must provide information to the state SIDS program

Community Local law enforcement agencies shall provide responding officers with a list resources of community and other resources available to assist parents and care givers involved with the sudden death of an infant.

Along with sources of information, officers should be able to provide the name, location, and telephone numbers of the local infant death support group and the SIDS statewide hotline number: 1-800-369-SIDS or on the internet at www.californiasids.com.

LD 7: Chapter 5 – Death Investigations 5-35

Chapter Synopsis

Documenting As part of the on-scene investigation, officers must gather and document information information related to the incident. on the death of a child [7.05.1]

Indicators Peace officers need to become familiar with the primary indicators of a SIDS- of SIDS related death. [7.05.2]

Appropriate Responding officers should reassure parents and care givers that: actions for officers • there was nothing a parent, caregiver, or even physician could have done [7.05.3] to predict or prevent the child’s death • SIDS is not contagious to other children • death occurs quickly and quietly

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Workbook Learning Activities

Activity 1. A man came home from work and discovered the body of his 46-year-old questions wife lying on the bed. Beside the body was an empty bottle with a label indicating prescription sleeping medication and a note written in red ink. As the initial responding officer, how should you proceed? What information should you obtain from the husband? What evidence might indicate whether the manner of death was suicide, accidental, or homicide? How might your actions during an initial survey of the scene differ when the manner is considered a suicide rather than a homicide? How would they differ if accidental death is suspected?

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Workbook Learning Activities, Continued

Activity 2. You and your partner have been called to investigate an incident involving questions the death of an infant. When you arrive you find the parents to be dazed, (continued) distraught, and at times in a state of panic. The infant’s grandmother is also present and is attempting to comfort the parents. You learn from the mother that the infant appeared fine at his 2 a.m. feeding; then, this morning she couldn’t wake him up. She called 911 while her husband tried to revive the baby using CPR. As the initial responding officer, what are your responsibilities at the scene? What indication would lead you to believe the infant’s death was due to SIDS? How should you proceed with the preliminary investigation if SIDS is a factor? What, if any, physical evidence should be gathered?

3. A body of a middle-aged male is found lying face down on the floor of his living room. The man is wearing only boxer shorts. There are no signs of struggle or an obvious mode of death. There are no signs of rigor mortis. You can clearly see large purple discoloration marks on the man’s back, calves, and the back of his arms. The man’s eyes are open and there appears to be a thin opaque film over his eyeballs. The body feels to be at room temperature.

Based on the information given, what might you deduct regarding an estimated time of death? Where the man died? The manner and mode of death? What actions would you take based on each of your deductions?

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Glossary

Introduction The following glossary terms apply only to Learning Domain 7: Crimes Against Persons

assault with An assault upon the person of another with a deadly weapon or by any means a deadly of force likely to produce great bodily injury weapon or by means of force

battery Any willful and unlawful use of force or violence upon the person of another

battery Battery that causes or inflicts a serious impairment of physical condition causing /inflicting serious bodily injury

caretaker Any person who has the care, custody, control of, or stands in a position of trust with an elder or dependent adult

carjacking The felonious taking of a motor vehicle in the possession of another, against his or her will and with the intent to either permanently or temporarily deprive the person in possession of the motor vehicle of his or her possession, accomplished by means of force or fear

child A person under the age of 18 years

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LD 7: Glossary G-1

Glossary, Continued

child A person who has a right to physical custody of or visitation with a child abduction pursuant to an order, judgment, decree or by operation of law, within or with without the state detains, conceals, takes, or entices away that child with the custodial intent to deprive the other person of such right to custody or visitation right

child A person, not having a right of custody, restrains or withholds, with the abduction intent to deprive the child from the person having lawful custody without custodial right

court A custody determination decree, judgment, or order issued by a court of order or competent jurisdiction, whether permanent or temporary, initial or modified, custody that affects the custody or visitation of a child, issued in the context of a order custody proceeding

criminal An unlawful homicide (e.g., murder, manslaughter) homicide

custodial A hearing in which a custody determination is an issue including, but not proceeding limited to, an action for dissolution or separation, dependency, guardianship, termination of parental rights, adoption, paternity, or protection from domestic violence proceedings including emergency protective order

deadly Any object capable of causing death or great bodily injury from the manner weapon in which it is used

dependent Any person who is between the ages of 18 and 64 who has physical or adult mental limitations which restrict their ability to carry out normal activities

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G-2 LD 7: Glossary

Glossary, Continued

elder Any person who is 65 years of age or older

elder or The infliction of unjustifiable physical pain, mental suffering or theft or dependent embezzlement from an elder or dependent adult adult abuse

false The unlawful violation of the personal liberty of another imprisonment

fear The reasonable apprehension of danger to oneself or another. This means a reasonable person, under the same set of circumstances, would be in fear of life, fear of danger of injury, or fear that personal property may be injured or damaged

felony May be applied when any killing happens during the commission of certain murder felonies listed in Penal Code Section 189, regardless of whether the killing rule was accidental or intentional

force The overcoming of resistance by the exertion of strength, weight, power, threat, or duress

good A good faith belief that the taking, detaining, concealing, or enticing away of cause the child is necessary to protect the child from immediate bodily injury or emotional harm

great A significant or substantial physical injury bodily injury

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homicide Any killing of one human by another, regardless of the circumstances.

immediate An area within which the victim could reasonably be expected to exercise presence some physical control over his or her property

kidnapping A person forcibly, or by other means of instilling fear, takes another person to another place

lawful A person, guardian, or public agency having a right to custody of a child custodian

malice The state of mind manifesting an intent to kill or conscious disregard of aforethought human life

manner The style of death; includes natural death, accidental death, homicide, suicide, of death or undetermined

manslaughter The unlawful killing of a human being without malice

medical An appointed medical physician specializing in forensic pathology with the examiner/ responsibility of investigating all sudden, unexplained, unnatural, or coroner suspicious deaths; duties include conducting autopsies and assisting in law enforcement investigations

mode The instrument or action that led to the physiological cause of death (e.g., of death gunshot, knife wound, vehicle accident, etc.); determined during the criminal investigation

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murder The unlawful killing of a human being or a fetus with malice aforethought

operation The natural parents have the equal right to custody of their children, in the of law absence of a court order

poison Any substance introduced into the body by any means which by its chemical action is capable of causing death

poisoning The willful mingling of any harmful substance with any food, drink, medicine, or water supply with the intent to injure or cause the death of the person who consumes it.

present Capability to accomplish the act of applying force ability

right to The right to the physical care, custody, and control of a child pursuant to a custody custody order or by operation of law

robbery The felonious taking of personal property in the possession of another

Sudden The sudden death of an infant which remains unexplained after a complete Infant postmortem examination and autopsy, law enforcement investigation, and Death review of child’s medical history Syndrome (SIDS)

suicide The act of intentionally causing one’s own death

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unlawful Without legal excuse or justification such as self-defense

use of In the context of battery, means any force or violence force or violence

visitation The time for access to the child allotted to any person by court order

willful Implies a purpose or willingness to commit the act

G-6 LD 7: Glossary